Employee
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Independent Contractor
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1. Instructions
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Employees comply with instructions about when, where, and how work is to be performed.
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Contractors set their own hours and do the job in their own way.
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2. Training
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Employees are trained to perform services in a particular way. They are required to take courses and attend meetings.
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Contractors use their own methods and receive no training from the purchaser of their services.
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3. Integration
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Services of an employee are merged into the business. Success and continuation of the business depends upon these services. The employer coordinates work with that of others.
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The success and continuation of the business aren't dependent on services provided by a contractor.
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4. Services Rendered Personally
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Services must be rendered personally. An employee does not engage other people to do the work.
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Contractors are able to assign their own workers to do the job.
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5. Hiring, Supervising, Paying
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An employee hires, supervises and pays workers at the direction of the employer (i.e.: acts as foreman or representative of the employer).
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Contractors hire, supervise and pay the other workers as the result of a contract. A contractor agrees to provide materials and labor and is responsible for the results.
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6. Continuing Relationship
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An employee continues to work for the same person year after year.
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Contractors are hired to do one job. There is no continuous relationship.
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7. Set Hours of Work
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An employee's hours and days are set by the employer.
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Contractors are masters of their own time.
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8. Full Time Required
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An employee normally works full time for an employer.
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Contractors are free to work when and for whom they choose.
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9. Doing Work on Employer's Premises
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Employees work on the premises of an employer; or on a route, or at a site, designated by the employer.
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Contractors work off an employer's premises and use their own offices, desks, and telephones.
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10. Order or Sequence Set
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An employee performs services in the order or sequence set by the employer. Salespersons report to the office at specified times, follow-up on leads, and perform certain tasks at certain times.
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Services are performed at a contractors own pace. Salespersons work their own schedules and usually have their own offices.
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11. Oral or Written Reports
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Employees are required to submit regular oral or written reports to the employer.
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Contractors submit no reports.
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12. Payment by Hour, Week, Month
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Employees are paid by the employer in regular amounts at stated intervals.
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A contractor is paid by the job on a straight commission.
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13. Payment of Business and/or Travel Expenses
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The employer pays employees' business and/or travel expenses.
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Contractors take care of their own expenses and are accountable only to themselves for expenses.
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14. Furnishing of Tools, Materials
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An employer furnishes tools, materials, etc.
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Contractors furnish their own tools, etc.
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15. Significant Investment
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An employee has no significant investment in the facilities used to perform services.
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A contractor has a real, essential and significant investment.
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16. Realization of Profit or Loss
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An employee cannot realize a profit or loss by making good or bad decisions.
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Contractors can realize a profit or suffer a loss as a result of their services or decisions.
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17. Working for More than One Firm at a Time
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An employee usually works for one employer at a time.
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An independent contractor works for a number of persons or firms at the same time.
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18. Making Services Available to the General Public
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An employee does not make services available to the general public.
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Contractors have their own offices and assistants. The hold business licenses, are listed in business directories, maintain business telephones, and otherwise generally make their services available to the public.
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19. Right to Fire
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An employee can be discharged at any time.
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Contractors cannot be fired so long as product results meet contract specifications.
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20. Right to Quit
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Employees can quit their jobs at any time without incurring liability.
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Contractors agree to complete a specific job and are responsible for satisfactory completion; or they are legally obligated to make good for any failure.
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